Ramakrishnan and Anr. v. State of Kerala And Ors.

Plaintiff, K. Ramakrishnan, sought to have smoking declared a criminal public nuisance under the Indian Penal Code.  The High Court of Kerala reviewed the existing literature on the health threat posed by smoking and environmental tobacco smoke and urged the Government of India to fulfill its obligations under pre-FCTC WHO resolutions. While the court declined to order the government to enact conforming legislation, it declared smoking in public a punishable offense in Kerala and concluded that smoking in public violated the right to life guaranteed under Article 21 of the Constitution of India.